GOPAL CHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a quondam employee of Orissa Cooperative Housing Corporation Limited, assails the order no.4127 dated 19.11.2014, vide Annexure -5, passed by the Managing Director, Orissa Cooperative Housing Corporation Limited. By the said order, the petitioner was allowed to retire from service on 30.11.2014 on attaining 58 years of age.

(2.) Sans details, the case of the petitioner is that he was an employee of the Orissa Cooperative Housing Corporation Limited (hereinafter referred to as "the Corporation"). He retired from service on 31.7.2014 on attaining 58 years of age of superannuation. By resolution no.19408 dated 28.6.2014, vide Annexure -1, the Government of Orissa have enhanced the retirement age from 58 years to 60 years. Pursuant to the same, the Managing Director of the Corporation, opposite party no.4, on 23.7.2014, vide Annexure -2, passed an office order enhancing the age of the employees of the Corporation from 58 years to 60 years. Opposite party no.4 issued a letter on 30.7.2014, vide Annexure -3, to the petitioner extending the age of retirement from 58 years to 60 years. He was allowed to work. On 29.9.2014, the Registrar, Cooperative Society, in exercise of the power under Section 33 -A of the Orissa Cooperative Societies Act, 1962 (hereinafter referred to as "the Act") approved the decision of the Government to enhance the age of retirement from 58 years to 60 years. Thereafter, opposite party no.4 passed an order on 19.11.2014, vide Annexure -5, reducing the age of retirement of the petitioner from 58 years to 60 years and allowed him to retire from the Corporation by 30.11.2014.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite party no.4. It is stated that the petitioner was the employee of the Corporation. The service condition of the employees of the Corporation is regulated by the Orissa Cooperative Housing Corporation Officers and Staff Service Rules, 1986 framed under Section 33 -A(b) of the Act. The same was approved by the Registrar, Cooperative Societies. Under Section 33 -A of the Act, the Registrar, Cooperative Societies shall fix the number and designation of the employees to be governed by the Cooperative Societies and make rules, regulating the qualification, remuneration, allowance and other conditions of services of such employees. The Government of Orissa have enhanced the retirement age of the State Government employees from 58 years to 60 years. The Corporation is a separate entity. The resolution of the State Government enhancing the age of retirement does not automatically applicable to the employees of the Corporation. It requires the decision of the Registrar. The Registrar by order dated 29.9.2014 enhanced the age of retirement of the employees of all the Cooperative Societies except the staff of Credit Cooperative Societies to 60 years with a direction that the said decision shall come into force with immediate effect from 29.9.2014. The retirement age of the cooperative employees was enhanced much after the date of retirement of the petitioner.